ASSIGNMENT, MORTGAGING AND SUBLETTING. (a) Except as expressly provided in this Article 16, Tenant covenants and agrees that neither this Lease nor the Term and estate hereby granted, nor any interest herein or therein, will be assigned, mortgaged, pledged, hypothecated, encumbered or otherwise transferred, voluntarily, by operation of law or otherwise, and that neither the Premises, nor any part thereof will be encumbered in any manner by reason of any act or omission on the part of Tenant, or used or occupied, or permitted to be used or occupied, or utilized for desk space or for mailing privileges, by anyone other than Tenant, or for any use or purpose other than the Permitted Use, or be sublet, or offered or advertised for subletting without Landlord’s prior written consent and subject to Section (b)(3) below of this Section 16. Notwithstanding the foregoing, it is hereby expressly understood and agreed however, if Tenant is a business entity, that the assignment or transfer of this Lease, and the Term and estate hereby granted, to any business entity into which Tenant is merged (including any merger where Tenant is the surviving entity) or with which Tenant is consolidated, which business entity shall have a net worth, as determined in accordance with generally accepted accounting principles, of at least Two Hundred Fifty Million Dollars $250,000,000.00 or which acquires all or substantially all of Tenant’s business (whether by stock purchase or otherwise) or assets, or through a reorganization of Tenant from one form of legal entity into another form of legal entity so long as the successor entity assumes by operation of law or otherwise the obligations of Tenant under this Lease, (such business entity being hereinafter called “Permitted Assignee”), shall not require Landlord’s consent or the giving of a Recapture Offer (defined below), but upon the express condition that Permitted Assignee and Tenant shall promptly execute, acknowledge and deliver to Landlord an agreement (“Assumption Agreement”) in form and substance reasonably satisfactory to Landlord whereby Permitted Assignee shall agree to be independently bound by and upon all the covenants, agreements, terms, provisions and conditions set forth in this Lease on the part of Tenant to be performed, and whereby Permitted Assignee shall expressly agree that the provisions of this Article 16 shall, notwithstanding such assignment or transfer, continue to be binding upon it with respect to all future assignments and transfers. In additi...
ASSIGNMENT, MORTGAGING AND SUBLETTING. Section 22.01 Tenant, for itself, its heirs, distributee, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage, pledge, or otherwise encumber, all or any part of its interest in this Lease, sublet the Premises, in whole or in part, or suffer or permit the Premises or any part thereof to be used or occupied by others, without the prior written consent of Landlord in each instance. Any assignment, sublease, mortgage, pledge, encumbrance or transfer in contravention of the provisions of this Article 22 shall be void.
ASSIGNMENT, MORTGAGING AND SUBLETTING. SECTION 7.01. (a) Except as otherwise expressly provided in this Article, neither this Lease, nor the term and estate hereby granted, nor any part hereof or thereof, nor the interest of Tenant in any sublease or the rentals thereunder, shall be assigned, mortgaged, pledged, encumbered or otherwise transferred by Tenant, Tenant's legal representatives, subtenants, or successors in interest by operation of law or otherwise, and neither the Premises, nor any part thereof, shall be encumbered in any manner by reason of any act or omission on the part of Tenant or anyone claiming under or through Tenant, or shall be sublet or be used or occupied or permitted to be used or occupied, or utilized for desk space or for mailing privileges by anyone other than Tenant or for any purpose other than as permitted by this Lease, without the prior written consent of Landlord in each case. The transfer (or transfers in the aggregate) of a controlling interest in Tenant, by transfers of stock or general partnership interests, shall be deemed an assignment of this Lease. In the event that Tenant shall desire to assign this Lease or to sublease any portion of the Premises, then Tenant shall submit in writing to Landlord the name of the proposed assignee or subtenant, the nature and character of its business, the terms and conditions of the proposed assignment or subletting, information as to the financial responsibility of the proposed assignee or subtenant, and such other information as Landlord may require. In the event that Tenant desires to
ASSIGNMENT, MORTGAGING AND SUBLETTING. 10 9. Repairs.............................................................. 11 10. Access............................................................... 12 11. Common Facilities/Landlord's Maintenance............................. 12 12.
ASSIGNMENT, MORTGAGING AND SUBLETTING. A. Tenant may not assign, transfer, sublet, mortgage, pledge or otherwise encumber this Lease or the Premises or any part thereof without prior written consent of owner. Any assignment of this Lease shall be upon the express condition that the assignee and Tenant shall promptly execute acknowledge and deliver to Landlord an agreement in form and substance satisfactory to Landlord whereby the assignee agrees to be personally bound by the terms, covenants and conditions of this Lease and shall contain the agreement of the subtenant thereunder that, upon default of this Lease and upon Landlord's written request, it will pay all rents under the sublease directly to Landlord. Tenant cannot assign nor sublet for rent higher than rent stated in Lease.
ASSIGNMENT, MORTGAGING AND SUBLETTING. Section 22.01. Neither this Lease nor any part hereof, nor the interest of Tenant In any sublease or the rentals thereunder, shall, by operation of law or otherwise, be assigned, mortgaged, pledged, encumbered, or otherwise transferred by Tenant, Tenant's legal representatives or successors in interest, and neither the Premises nor any part thereof nor any Tenant's Property shall be encumbered in any manner by reason of any act or omission on the part of Tenant, or anyone claiming under or through Tenant, or shall be sublet or be used, occupied, or utilized for desk space (except by such individual of a "related corporation" as defined in Section 22.03) or for mailing privileges by anyone other than Tenant, without the prior consent or Landlord, except as expressly otherwise provided in this Article. A transfer of more than fifty percent (50%) in interest of Tenant (whether stock, partnership interest, or otherwise) by any party(s) in interest shall be deemed an assignment of this Lease, provided, however, that Landlord's consent shall not be required and Section 22.06(a) (iv) shall not be applicable to a bona fide transaction which is not for the principal purpose of transferring this Lease.
ASSIGNMENT, MORTGAGING AND SUBLETTING. 22 16.1. Landlord's Consent Required. 22 16.2. Terms and Conditions. 23 16.3. Additional Terms and Conditions Applicable to Subletting. 24 16.4. Transfer Premium from Assignment or Subletting. 24 16.5. Landlord's Option to Recapture Space. 25 16.6. Landlord's Expenses. 25 17. MISCELLANEOUS COVENANTS 26 17.1. Rules and Regulations. 26 17.2. Access to Premises-Shoring. 26 17.3. Accidents to Sanitary and Other Systems. 27 17.4. Signs, Blinds and Drapes. 27 17.5. Estoppel Certificate. 28 17.6. Hazardous Materials. 29 17.7. Medical Waste Disposal. 29 17.8. Prohibited Materials and Property. 29 17.9. Requirements of Law-Fines and Penalties. 29 17.10. Tenant's Acts-Effect on Insurance. 30 17.11.
ASSIGNMENT, MORTGAGING AND SUBLETTING. 17 SECTION XXII. SIGNS, BLINDS AND DRAPERIES...................................18
ASSIGNMENT, MORTGAGING AND SUBLETTING. (a) Tenant covenants and agrees that neither this Lease nor the term and estate hereby granted, nor any interest herein or therein, will be assigned, mortgaged, pledged, encumbered or otherwise transferred, voluntarily, by operation of law or otherwise, and that neither the Premises, nor any part thereof will be encumbered in any manner by reason of any act or omission on the part of Tenant, or used or occupied, or permitted to be used or occupied, or utilized for desk space or for mailing privileges, by anyone other than Tenant, or for any use or purpose other than as stated in Exhibit 1, or be sublet, or offered or advertised for subletting, without obtaining Landlord's prior written consent, which consent may, except as set forth in this Article 16, be withheld in Landlord's sole discretion. The foregoing shall not prohibit Tenant's agents, employees, contractors, officers, directors and invitees from using the premises.
ASSIGNMENT, MORTGAGING AND SUBLETTING. 7.1 Other than as set forth in Section 7.2, Tenant will not, without prior written consent of Landlord first obtained in each case, which consent may be arbitrarily withheld, sell, assign, mortgage, deed in trust or transfer this Lease or sublet all or part of the Demised Premises. Tenant may, however, without securing Landlord's consent, transfer this Lease or sublet the Demised Premises in whole or in any part to any successor by consolidation, merger, purchase of assets or other corporate action, provided that such successor shall have a net worth as determined in accordance with generally accepted accounting principles at least equal to the net worth similarly determined for Tenant immediately prior to such consolidation, merger or the other corporate action. Each such assignee or transferee shall assume and be deemed to have assumed this Lease and shall be and remain liable jointly and severally with Tenant for the payment of the Annual Base Rental and Additional Rent and for the total performance of all of the terms, covenants, conditions and agreements herein contained on Tenant's part to be performed for the Term of this Lease. No assignment, subletting or other transfer of this Lease shall in any way relieve Tenant from its obligations under this Lease. No assignment shall be binding on Landlord unless such assignee shall deliver to Landlord a counterpart of such assignment and an instrument in recordable form which contains a covenant of such assumption of obligation by the assignee; but the failure or refusal of the assignee to execute such instrument of assumption shall not release or discharge the assignee from its liability as set forth above. The consent of Landlord to an assignment shall not include the right of further assignment.
